On 7th June 2017, the Chief Registrar of the Judiciary, Anne Amadi, presided over the swearing in of the chairman and members of the Competition Tribunal in Kenya (the Tribunal).

Mr. Stephen Kipkenda Kiplagat took his oath as the chairman of the Tribunal while Mr. Irshad A. Ibrahim, Major (Rtd.) P.O Awita and Ms. Wanja Wambugu were sworn in as its members. 

Mr. Kiplagat’s appointment as chairman was gazetted on 15 May 2015, and he is to serve for a term of 5 years with effect from 27 April 2015. The appointments of Major (Rtd.) P.O Awita and Ms. Wambugu were gazetted on 26 September 2016, and they are each to serve for a period of 2 years with effect from 15 September 2016.  Mr. Ibrahim’s appointment was gazetted on 26 July 2012 and he is to serve on the Tribunal for a period of 5 years with effect from 2 July 2012 – which means that his appointment is only valid until 2 July 2017.  We have also noted the gazettment of a fifth member of the Tribunal, Ms. Susan Auma Mang’eni, whose appointment was published on 26 July 2012 and who was to serve for a period of 5 years effective 2 July 2012. However, Ms. Mang’eni was not sworn in at the ceremony which took place on 7 June 2017.

The Tribunal will only be able to commence its activities once its operating rules are formulated and gazetted. This process is to be undertaken by the Cabinet Secretary for Finance & National Treasury, in consultation with Tribunal.

The Tribunal is established under Section 71 of the Competition Act No. 12 of 2010 and creates an avenue of appeal from decisions of the Competition Authority of Kenya (the CAK).  Persons aggrieved by a determination of the CAK are entitled to appeal in writing to the Tribunal within thirty (30) days of receiving the CAK’s decision.  Decisions of the Tribunal can be appealed to the High Court of Kenya, within thirty (30) days of the Tribunal’s decision.

For more information, please contact the Bowmans Competition Practice, or your relationship partner at Bowmans Kenya.